Topic:-Communications made in Good Faith

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    • #2768
      Intern
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      Under I.P.C in chapter 4 General Exceptions it covers a very important aspect i.e section
      92:-
      Act done in good faith for benefit of a person without consent it clearly states that no
      communication which is made in good faith is an offence by reason of any harm to the
      person in whose favour it is being made is just for the benefit of such person ,
      circumstances evolve where it is impossible to take consent ,done in good faith for
      benefit of such person,wherein person doesn’t have any guardian to obtain consent at the
      time of taking consent,that the person is incapable of giving his/her consent .It is a kind
      of defence available to the person who is accused of any offence by showing the other
      side of the card that how the situation was lacking the principle of criminal intention and
      any intention to cause any harm behind such act and to making sure court of law believes
      in it aswell.
      Exception to the given section
      1.If the person accused of an offence does an act with an intention to cause death ,harm or abet
      such an offence and tries covering his/her offence under this section is not capable of taking
      blanket under this section
      2.if the doer knows by doing such an act can cause harm,death cannot take plea under this
      section.
      3.if the doer abets someone to commit an offence can’t be protected under this section.
      Lets clearly see it with the help of an example when a person can be protected under given
      section:-
      Take a plea:-
      Tina is on 9 th floor with her 2 yr old child and her flat is on fire in order to save her child she
      throws him out of the window to save him from fire wherein people are standing holding a
      blanket to save the child now tina knows throwing her child out of the window can cause his
      death but does that in good faith then tina in the given situation has not done any offence
      And cannot be held guilty under the given situation
      This exception basically helps doctors,lawyers and other professionals to be protected by any
      kind of information which is given by them in good faith and reasonable care must be exercised
      while making such commumication.

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